Queensland Consolidated Acts

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SUPREME COURT ACT 1995 - SECT 8

8 Action of debt being brought on judgment after money paid such payment may be pleaded in bar the like in bonds

When any action of debt or scire facias shall be brought upon any judgment if the defendant hath paid the money due upon such judgment such payment shall and may be pleaded in bar of such action or suit and where an action of debt is brought upon any bond which hath a condition or defeasance to make void the same upon payment of a lesser sum at a day or place certain if the obligor the obligor's heirs executors or administrators have before the action brought paid to the obligee the obligee's executors or administrators the principal and interest due by the defeasance or condition of such bond though such payment was not made strictly according to the condition or defeasance yet it shall and may nevertheless be pleaded in bar of such action and shall be as effectual a bar thereof as if the money had been paid at the day and place according to the condition or defeasance and had been so pleaded.



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